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Home My WebLink AboutResolution 6431 (Expired-Never Recorded) �o�o , C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �`�'q �,G~ N�. � � , � kEsxo� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 11-3520 WHEREAS, Christian Thomas Johnson and Beth Ann Johnson, a married couple (hereinafter "the Applicants") are the owners of the property located at 1376 Baldur Park Road within the City of Orono (hereinafter the "City") and legally described as All of Lot 20 and that part of Lot 21, Block 1 Baldur Park, described as follows: Beginning on the meander line a the northeasterly corner of said Lot 21; thence northwesterly on said line a distance of 50 feet to the northwesterly corner of said Lot 21; thence southwesterly on the northwesterly line of said Lot 21 a distance of 23 feet; thence southeasterly to a point on the southeasterly line of said Lot 21, 66.5 feet southwesterly from said northerly corner; thence northeasterly on said southeasterly line 66.5 feet to the point of beginning, Hennepin County, Minnesota (PIN 08-117-23-31-0005) (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1700 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property; and WHEREAS, the approvals currently requested for the proposed plan are identical to the plan approved for the Property via Resolution No. 6074 which expired on September 12, 2013; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 18, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 g-��O C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �`� G�� No. +� 4 � � t�kESHO�� FINDINGS 1. This application was reviewed under the original application number Zoning File 11-3520. 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2014 and recommended approval of hardcover variances based on the following findings: a. The Property contains 11,971 s.f. (0.27 acre) in area and has 60 feet in width at the southwest OHWL and 100-feet in width at the northeast OHWL. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The Applicants' proposal will orient their driveway directly from Baldur Park Road right of way and will eliminate the need to utilize the adjacent property for access. e. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. f. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants' request will not adversely impact driveway access for the property to the northwest. i. The Applicants have provided a plan which meets the minimum hardcover required for driveways and sidewalks. Page 2 of 5 �o�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �`��, �,G~� N o. _ � 4 3 1 kESH�� j. The Applicants have demonstrated that enforcing the hardcover provisions of the Zoning Ordinance would deprive the Applicants of the reasonable use of their Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 and 78-1700 to allow 32.8% hardcover in the SW 0 to 75' zone where 30.7% exists and 0% is normally allowed; 40.3% hardcover within the NE 0 to 75' zone where 40.8% currently exists and 0% is normally allowed; and 53% hardcover within the 75' to 250' zone where 37% currently exists and 25% is normally allowed in conjunction with reorienting the driveway on the property, subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover shall not increase above the existing and approved levels as follows: 1,210 s.f. of hardcover (32.8%) within the SW 0-75' zone; 2,617 s.f. of hardcover (40.3%) within the NW 0-75' zone; and 1,239 s.f. of hardcover (53%) within the 75'- 250' zone. Hardcover shall not exceed above 42.5% (5,066 s.f.) of the total Property area; hardcover within 75-feet of the OHWL shall not exceed above 3,824 square feet. 3. Applicants shall remove all plastic liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 5 g-��o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � `� �'~ NO. �id � 1 t�kESH�� 4. The Applicants' building permit plans shall address the City Engineer's comments and recommendations. 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (August 25, 2015). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned Applicants have read understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 25 day of August, 2014. ATTEST: �.A,.�.� ��C�-- � Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Property Owner Property Owner Page 4 of 5 �0�� C ITY OF ORONO RESOLUTION OF T'HE CITY COUNCIL ��'� �.`'~� N o. � 4 3 1 kEsxo�` STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2014, by Christian Thomas Johnson, husband of Beth Ann Johnson. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _day of , 2014, by Beth Ann Johnson, wife of Christian Thomas Johnson. Notary Public Page 5 of 5 ��0(-!JT� � ��-h/'�l T CERTIFICATE OF SURVEY FOR � � 3 � RECEIVED HAROLD 8c SANDRA A. WINGERD IN LOTS 20 & 21, BLOCK 1, "BALDUR PARK" SEP 0�20i1 HENNEPIN COUNTY, MINNESOTA F, � oo L A K E cm�oF oRorvo ��e�� k�oo MINNETONKA �w,,�� \ a��• �\$� � �� NORTH ARM ��\\ �'�Y .9cairoui \q'�� .�.�`� � . � S �''�K �'f,� uFa`"vc��s?2j. :a�""euae+�i�T c';;,Z� \, ` './�z, �'tr � �. �� $ 11 ��or� ��O / �� 1 I 1 °c°` °e" ,F �O. / o� �g, s � �.�`, /� o�• 1 f, � r �6bEXISTWG �" . ,�wr�r tx O '_.,,�` .�� y� HOUSE � . � ar�oT x� 1.' •.. ° / • g . i1376 1 � � �..�..�:_:. , 4r _. � T � ,. • ) . � . • REFORAIED 12' OPoVEWAY....."'...s/6/., / � � �'� y '�j. � EASE4ENT PER OOC N0. /'B �' . 'a+ , +os � � 2518347.NO LONGER VIiLD � /=� i y �� 4•a p��. PER COIRT FLE N0.27-CV • /e : 1 �° /� o�-uws onteo a-iz-w ��-1 �N+'� � . �`, / �^,/.-�.� �/ � _a `� � .. ^�� 9 '� �`l�,� •�d' y� �' ,5�� ' '�e�� '." I °� A �a°`!��°` �q, /! PR°P°SE�LAY � � T � ' •'r' 4'� � � 33 R��g�/ ;•:� -�;�- " : ... .� ,:,�'' / - r'. . : ..: ,� T � ....�....�.::� / r '��.�'/� � \� 2 ` '�, ,,./� �,. I ��,\ 1'' � / \ ,��,\ ��o \ J � b ��. � \ �� o?_ 1" � / :"5 �p,\ :r q6 4 .$ � o�osmc �\ � ...�ror E �� RY°) O\O� �`..�� '� � �9��G I LEGAL DESCRIPTION OF PREMISES • �� .� I p11 of Lot Twenty(20) aW thot part of Lot Twenty One (21�, Bloek One (1), Baldir Pork, Oescribed as foNows: Begirmirg on the MeanOer Ime at the North- easterly corner ot said Lot Twenty One(21}, thence Northweaterly on soid line o distonce of 50 feet to the Northwesterly comer of soid Lot Twenty One (21); thence Southweslerly on the NortAwesterly fine of soid Lot Twenty One (21 a d�strn�ce of 23 feet; thenee Southeastnly to a point on the Southeasterly ine of said tot Twenty One (21), 66.5 (eet Southwestvly from said Northerly corner; thence Northeosterly on soid Southeosterly hne 66.5 (eet lo the point of begi�ning. � o denotes iron marker (gpg,3) tlenotes existmg spot elevation, meon seo ievel datum g�p,B denotes proposed spot elevation, meon seo level datum -20 0 20 40 60 --gt7--• denotes existing contour line,meon seo level dotum �—: tlenotes proposed contour Irtie,meon seo kvel datum Bearings shown cre bosed upon an assuned datum. 5 C A L E 1 N F E E T This survey intends to show the bounda�es of the above deseribed property, the locotion of an existmg house, gorage, deck and driveroy, t!x beotion of otl erisling "hordcover", and the proposed bcation of a propoaed drivewoy thercon It does not purport to show ony other improvicemmts or encroachments. 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